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With Case Studies of Liberia, Sierra Leone and South Africa The PEACE PROCESS AND THE Truth and Reconciliation Commission IN NEPAL: With case studies of Liberia, Sierra Leone and South Africa A Dissertation Submitted By SUNIL THAPA For The Award of MASTER OF PHILOSOPHY (M.PHIL) WESTERN SYDNEY UNIVERSITY SCHOOL OF HUMANITIES AND COMMUNICATION ARTS SYDNEY, AUSTRALIA 2017 0 Dedication To all the Nepalis who suffered directly and/or indirectly from the People’s War. I Acknowledgements This thesis could not be written and completed successfully without the input, feedback, suggestions and valuable time provided by dozens of worthy people for whom I have the deepest gratitude. My research work “The Peace Process and the TRC in Nepal: With special case studies of Liberia, Sierra Leone and South Africa” was completed in the Faculty of Humanities and Communication Arts, The Western Sydney University, Australia. I am indebted to the faculty and the university. Most and foremost my special thanks go to my advisor/ supervisor Dr. Drew Cottle from Western Sydney University for his constant encouragement, help, guidance, support, care and trust in me to complete my research. I am thankful to my co-supervisor, Dr. Steven Drakeley too for his regular support and kind cooperation during the research. I would like to express my heartfelt thanks to Dr. Susan Mowbray from Western Sydney University who always supported me with her eternal patience and writing support process. Her invaluable and constructive comments on my numerous drafts encouraged me to do better. I am very grateful to A/Professor Judith Snodgrass, Professor Tim Rowse, Professor Kerry Robinson, and Dr. Peter Bansel, all from Western Sydney University, for their help and support since the beginning and the completion of this research project. I am equally thankful to Dr Wendy Hillman (Central Queensland University, Australia), Professor Kapil Shrestha (Tribuwan University of Nepal), Professor Sateesh Kumar Ojha (Tribhuwan University of Nepal), Mr Surya Kiram Gurung (Chairperson, TRC of Nepal), Dr Prakash Chandra Lohani (Former Foreign Minister of Nepal), Mr Subodh Raj Pyakurel (Chairperson, INSEC of Nepal), Professor M.R. Chhetri (Pokhara University of Nepal), and my dearest friend/sister, Ms Pramila Bakhati (PhD Student, Lumbini Buddhist University of Nepal) for their valuable suggestions and cooperation during my research. Finally, I would like to remember my father Mr. Surendra Kumar Thapa from my heart and; who passed away three years ago; he is still a great source of inspiration for my labour and study. Sunil THAPA February 2018 II Statement of Authentication The work presented in this thesis is, to the best of my knowledge and belief, original except as acknowledged in the text. I hereby declare that I have not submitted this material, either in full or in part, for a degree at this or any other institution. Sunil THAPA Sydney, Australia III Table of Contents CHAPTER 1: Introduction to Research 1.1 Introduction 1 1.2 Background 2 1.3 Aims of the Study 3 1.4 Objectives of the study 3 1.5 Rational and Significance of the study 3 1.6 Methodology 4 1.7 Limitations 4 1.8 Overview of the study 5 1.9 Contribution to the knowledge 6 1.10 Conceptual Framework 6 CHAPTER 2: Background of the Conflict in Nepal 2.1 Causes of the conflict in Nepal 8 2.1.1 Major: Socio-cultural Factors 8 2.1.2 Others: 14 2.1.2.1 Political Factors 14 2.1.2.2 Individual Factors 16 2.2 Consequences of the conflict in Nepal 17 2.2.1 Socio-cultural consequences 18 2.2.2 Physical consequences 20 2.2.3 Political Economy consequences 21 CHAPTER 3: Background of the Peace Process in Nepal 3.1 The Cease Fire: As the beginning of peace process 24 3.1.1 Stage I 25 3.1.2 Stage II 26 3.1.3 Stage III 27 3.2 Comprehensive Peace Accord (CPA) and Truth and Reconciliation Commission (TRC): As the peace process 29 3.2.1 CPA of Nepal 29 3.2.2 TRC in Nepal 31 CHAPTER 4: An Overview of Truth and Reconciliation Commissions in the Peace Process 4.1 Introduction of the Truth and Reconciliation Commissions 40 4.2 Characteristics and objectives of the Truth and Reconciliation Commissions 46 4.3 Functions of the Truth and Reconciliation Commissions 49 4.4 Compositions of the Truth and Reconciliation Commissions 51 4.5 Immunity, Power and Rules of Procedures of the TRC 54 4.6 Resources and Reports of the TRC 55 4.6.1 Resources of the TRC 55 4.6.2 Reports of the TRC 56 IV CHAPTER 5: Case Study of the Civil war and the Truth and Reconciliation Commission in Liberia 5.1 Background of conflict 59 5.1.1 The warring parties 62 5.1.2 Consequences of the conflict 64 5.2 The Liberian Truth and Reconciliation Commission 65 5.2.1 Background of the establishment 65 5.2.2 The objectives/role of TRC in Liberia 66 5.2.3 The structure/composition of the TRC 67 5.2.4 The findings and recommendations of Liberian TRC 68 5.2.4.1 Findings 68 5.2.4.2 Recommendations 68 5.3 The TRC: Strengths and Limitations 71 5.4 Conclusion 75 CHAPTER 6: Case Study of the Civil war and the Truth and Reconciliation Commission in Sierra Leone 6.1 Background of the conflict 76 6.1.1 The warring parties 78 6.1.2 Consequences of conflict 79 6.2 The Sierra Leonean Truth and Reconciliation Commission 81 6.2.1 Background of the establishment 81 6.2.2 The objectives/role of TRC in Sierra Leone 82 6.2.3 The structure/composition of the TRC 83 6.2.4 The findings and recommendations of Sierra Leonean TRC 83 6.2.4.1 Findings 83 6.2.4.2 Recommendations 85 6.3 The TRC: Strengths and Limitations 87 6.4 Conclusion 89 CHAPTER 7: Case Study of the Civil war and the Truth and Reconciliation Commission in South Africa 7.1 Background of the conflict 90 7.1.1 The warring parties 91 7.1.2 Consequences of conflict 92 7.2 The South African Truth and Reconciliation Commission 94 7.2.1 Background of the establishment 94 7.2.2 The objectives/role of TRC in South Africa 95 7.2.3 The structure/composition of the TRC 96 7.2.4 The findings and recommendations of South African TRC 96 7.2.4.1 Findings 97 7.2.4.2 Recommendations 99 7.3 The TRC: Strengths and Limitations 101 7.4 Conclusion 104 V CHAPTER 8: Comparative Analysis of the Case Studies (TRC) 8.1 Comparisons on TRC 105 8.2 Comparisons on TRC findings 107 8.2.1 Causes of war 107 8.2.2 Consequences of war 108 8.3 Comparisons on TRC recommendations 110 8.3.1 General 110 8.3.2 Reconciliation 111 8.3.3 Reparation 113 8.3.4 Other areas 116 CHAPTER 9: The Truth and Reconciliation Commission (TRC) of Nepal and its Functions 9.1 The Nepali Truth and Reconciliation Commission 119 9.2 The objectives/mandates of the TRC in Nepal 119 9.3 The structure/composition of the Nepali TRC 121 9.4 Delayed establishment 122 9.5 Factors impacting the slow functioning of the Nepali TRC 124 9.6 Progress to date 128 9.7 Criticisms to Nepali TRC 132 CHAPTER 10: Conclusion and Recommendations 10.1 Summary 135 10.2 Key Findings 135 10.3 Recommendations 138 10.3.1 Recommendations on structure of the TRC 139 10.3.2 Recommendations on the causes and consequences of civil War 139 10.3.2.1 Recommendations on the socio-cultural causes of civil war 139 10.3.2.2 Recommendations on political causes of civil war 140 10.3.2.3 Recommendations on individual causes of civil war 141 10.3.2.4 Recommendations on socio-cultural consequences 142 10.3.2.5 Recommendations on physical consequences 143 10.3.2.6 Recommendations on political-economy consequences 144 10.4 The “6R” Recommendations 145 10.5 Advice for future research 148 References 149 VI List of Tables 3.1 First Ceasefire Meeting 25 3.2 Second Ceasefire Meeting 26 4.1 The TRC from different countries with functions 41 4.2 The TRC from different countries with their dates and some references 47 4.3 The TRC from some countries with their duration 48 5.1: Warring parties in Liberia 63 5.2: The Structure of Liberian TRC 68 5.3: Strengths and Limitations of Liberian TRC 74 6.1: Internal and External Actors of Sierra Leonean civil war 79 6.2: Violations reported the Sierra Leone TRC 80 6.3: Structure of the Sierra Leone TRC 83 6.4: Strengths and Limitations of Sierra Leonean TRC 88 7.1: Lists of actors in the conflict in South Africa 92 7.2: The major causes of psychological trauma 93 7.3: Data of Burning and Necklace killing in South Africa 93 7.4: Structure of the South African TRC 96 7.5: Strengths and Limitations of South African TRC 103 8.1: Comparisons of TRCs in Liberia, Sierra Leone, and South Africa 106 8.2: Comparisons on findings by TRC in Liberia, Sierra Leone, and South Africa 109 8.3: Comparisons on general recommendations by TRC in Liberia, Sierra Leone, and S. Africa 111 8.4: Comparisons on reconciliation process in Liberia, Sierra Leone, and South Africa 113 8.5: Comparisons on reparation process in Liberia, Sierra Leone, and S. Africa 115 8.6: Comparisons on other processes in Liberia, Sierra Leone, and S.
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